Humphrey v. Eddy Transportation Co.
Michigan Supreme Court
Error to Wayne; Frazer, J. Assumpsit by Moses W. Humphrey against the Eddy Transportation Company for á commission on the sale of boats. From a judgment for defendant on verdict directed by the court, plaintiff brings error.
1Opinion of the CourtLong, C. J.
This case was in this court at the October term, 1895, and is reported in 107 Mich. 163. The facts *421as they appeared by that record are fully set out in that opinion, and need not be restated. It was held that the court should have directed a verdict in favor of the defendant. The judgment was reversed, and a new trial ordered. A new trial has been had, and the court below directed verdict in favor of defendant. Plaintiff now brings error.
It is contended by counsel for defendant that on the present trial the plaintiff changed his theory, and adopted a theory not set out or claimed under in the…
2Cases cited3 opinions
- Humphrey v. Eddy Transportation Co.Michigan Supreme Court · 1895
- Hinchman v. WeeksMichigan Supreme Court · 1891
- Hamilton v. FrothinghamMichigan Supreme Court · 1888
3Cited by3 opinions
- Connor v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1911
- Taylor v. WardMichigan Supreme Court · 1933
- Smaltz v. NewhofMichigan Supreme Court · 1914